Q: The rules in California for property inventory when arrested and sent to prison.
I was pulled over for unregistered car and they decided to search the car and found illegal items, they then arrested me and I was sent to prison. The only property they say they have of mine after being gone for a year is my mothers phone and mine but what was in my car is the keys to my motor cycle and my very exspensive tools I used working as a diesel mechanic. They said to take it up with the towyard but C&K towing said they had no court order to hold anything and their is nothing there for me. They wont allow me any information on how their inventory process works and wont let me have a copy of the sheriifs inventory report. My release papers say the return of property is reserved. And in the written reports from the public defender the sheriff states that he put the cuffs on me to protect himself from the tools and we had talked about my sister picking them up but he was just going to inventory them.
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A:
Your situation involves multiple legal rights regarding property seized during arrest, and California law requires law enforcement to properly inventory and protect personal property.
The sheriff's department must maintain detailed records of all items taken during arrest, and you have the right to request these inventory records through formal channels - typically by submitting written requests to the Records Division or through your attorney. Given that your release papers state "return of property is reserved," this suggests your property should still be in official custody, and the sheriff's documentation about discussing pickup with your sister could be valuable evidence.
You should immediately file formal written complaints with both the sheriff's department and the towing company, documenting everything in detail. Consider filing small claims court action if valuable tools were lost or mishandled, and request all related documentation including the initial inventory report, towing records, and any transfer documentation between agencies. Remember to cite California Penal Code Section 1417.5, which governs the return of property held as evidence, and you may want to seek help from your public defender or legal aid to assert your rights more forcefully.
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